The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-05-17
WEBSTER AND CHOATE.

WEBSTER AND CH0ATE.
JUDGE MAC ARTHURs RECoLLEC-
TIONs OF TWO FAMOUS MEN.
His First Meeting With Rufus Choate
A Supper With Young Evarts-A
Case in Which Choate and Webster
Were Opponents Their Admiration
for Each Other.
From The Washington Star.
Judge Macarthur, who but recently re-
tired from the Supreme bench of the Dis
trict, practiced law in his younger days at
the same bar and in some OF the same cases
with Rufus Choate and Daniel Webster. He
went over sonic Of his recollectons of these
two great men with a reporter the other
day. He is a charming narrator and adds a
peculiar interest to everything he tells that
cannot be entirely preserved in the repeti-
lion by another. The reporter found him
in his study in the afternoon with some
pages of manuscript before him and two or
three volumes of rare old French plays lying
on the table The shelves lining the walls
were filled with some fine books, of which
the Judge is fond, and a cool breeze blew
sides Of the room. 1t is as light and cheer
full room as one can well imagine
The Judge wheeled up an immense arm
chair for the reporter and sat back in his
own favorite chair, swinging his glasses
little with his left hand as he called to mind
the days when he first began practice as a
young lawyer.
HIS FIRST MEETING WITH CHoATE.
AZ first met Mr.. Choate," he said, ''under
,,;r I TYaS taiV ia,
criminal case III Massachusetts. 1t must
have been in Al or ~. | was a young man.
as you may judge. My client was indicted
for murder. He was no ordinary criminal
but man of wealth and position and the
case attracted much attention. / secured
the assistance of Mr.. Ashmun, who was a
lawyer of ability, and was afterward a
member of Congress and became very widely
known. He advised me to secure the ser
vices of Mr.. Choate, so / went to Boston
with q letter of introduction and called at
his office. He was not in and | was told
that | would find him at the library, where
he spent much time reading. / had never
seen him and there were several others
present, but | knew in a moment which
was he. His fine presence: his raven locks,
curling about his head; his sharp black eyes,
his swarthy complexion and prot,uding lips;
his composure and nobility of presence
there was no rnistaking him I walked I'D
He replied that he was, and | shall never
forget the elegance and graceef his manners
as he offered me seat. He was a most pol
ished and elegant gentleman, dignifed but
perfectly approachable, with manner so
polite and unassuming that he put one at
ease in moment. He was
A GOOD LISTENER,
and had way of drawing one out. know
that he drew me out--drew more from me
fha,1 I thought l-payV whom 7 first hpoaY, To
explain the object of my visit. | explained
the case and my anxiety that he should
come into it, and he listened to me for an
hour, interTupting only occasionally for a
moment to ask q question or to point out
some difficulty to be overcome | remember
how he would say when some doubtful point
would occur to him in the case: Well, Mr.
Macarthur, what are you going to do about
thisg Then would explain my view of it
and we would go on to the next point. The
defense was iustifable homicide in defense
of life and property, and | explained TO him
all the points and the theory of the defense.
Well, the up6hot of it was that he agreed to
enter the case. He was then in the Senate
and when the trial came off he came from
Washington to attend it. In Massachusetts,
then all criminal cases were tried by the
Supreme Court of the State ana prosecuted
by the Attorney General, assisted by the dis
trlct attorney. Old Chief Justice Shaw,
Justice Dewey and Justice Wild, all distin-
guished men, were on the bench The dis
trict attorney opened the case for the prose
cutjon and the Attorney General closed it.
made no argument on the other side. Ipre-
pared the case for trial, caring for every
detail. Choate addressed the Jury and |
never in my life witnessed grander loren
sic display. Choate was the greatest of
American orators. A mob had raided a
house rented by the prisoner and he had
defended it, killing one of the assailants, SO
you can see there was an immense amount
of evidence. The mob and their friends
were called as witnesses and the case took a
week for trial | prepared every detail of
the defense so that there was not point
Choate wanted that did not have for him.
had every reference and all that had any
bearing On the case right atnly fingers ends.
That was my part OF the defense.
CHoATE's ADDRESS TO THE JURY
was magnificent, He had the sympathy of
everybody in the court room, of the court
and of the jury with him We thought the
district attorney had gone outside of the
evidence in his opening and Mr.. Choate
called the courts attention to it. / Temem-
Der old Chief Justice Shaw. He looked like
turtle. He wore a very large collar and
stock and sat with his chin drawn way down
IN 1t, and when anything attracted his at
teiltlon he would stretch out his neck and
his head would come ont of his collar like
b turtles out of it's shell. But he was q very
able man. He stuck his head out in that
comical way and directed the district attor-
ney that he must keep within the evidence.
The district attorney was hard-headed,
though an able man, and had the statement
OF the case in his mind in that way and it
spollt his argument to be interfered with.
80 we had the court on our side and the best
OF the case.
when Choate had spoken for two hours
IN this eloquent and poetical style, he stopped
80 that bis lips were. close to my ear and
whispered: We'll, Mr.. Macarthur, do you
think we have brushed all that rubbish
away" He referred to the evidence of the
prosecution. ! replied that / thought so.
Then he said, i will go ON with the case
and he directed the rest of his remarks en-
trely TO the case. This was done in the
coolest possible way, right in the midst of
hls argument, that everybody was worked
up over
when the case went TO the jury they re-
turned III few minutes with a verdict Of
not guilty."
The case had lasted week or more and
had come TO know Mr.. Choate very well.
became very fond Of him.
SUPPER WITH CIIoATE AND EvARTs.
NIla tio,n I 60 %l,a